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Suter v. Goedert
Court may not assume mootness in adjudicating motion to stay, which if decided on merits, would control mootness question.
Bankruptcy Oct. 1, 2007
Saddleback Valley Community Church v. El Toro Materials Co. Inc. (In re El Toro Materials Co. Inc.)
Landlord properly asserts that its damages are not capped where tenant left million-ton pile of dirt on property.
Bankruptcy Oct. 1, 2007
Sigma Micro Corp. v. Healthcentral.com (In re Healthcentral.com)
Where debtor seeks recovery of prior payments, creditor raises triable issue of fact as to whether it satisfies ordinary course of business defense.
Bankruptcy Sep. 24, 2007
Sofris v. Maple-Whitworth Inc. (In re Maple-Whitworth Inc.)
Debtor need not join all jointly and severally liable petitioners in request for attorney fees following dismissed involuntary bankruptcy proceeding.
Bankruptcy Sep. 19, 2007
Brown & Cole Stores v. Associated Grocers Inc. (In re Brown & Cole Stores)
Secured claim is entitled to expense-of-administration priority pursuant to Bankruptcy Code, 11 U.S.C. Section 503(b)(9).
Bankruptcy Sep. 17, 2007
Wells Fargo Financial Acceptance v. Rodriguez (In re Rodriguez)
Debtor's surrender of '910 vehicle' does not extinguish creditor's deficiency claim under 'hanging paragraph' following 11 U.S.C. Section 1325(a)(9).
Bankruptcy Sep. 17, 2007
Thacker v. Federal Communications Commission (In re Magnacom Wireless LLC)
Cancellation of licenses for radio spectrum in bankruptcy proceedings extinguishes debtor's right to proceeds from auction of new licenses covering same spectrum.
Bankruptcy Sep. 17, 2007
Drummond v. Urban (In re Urban)
Application of California exemption laws to debtor domiciled in different forum state for less than 730 days does not violate uniformity clause.
Bankruptcy Sep. 17, 2007
Onubah v. Zamora (In re Onubah)
Bankruptcy court did not abuse its discretion when it surcharged debtor's homestead and household goods exemptions after debtor engaged in misconduct.
Bankruptcy Sep. 17, 2007
Zurich American Insurance Co. v. International FiberCom Inc. (In re International FiberCom Inc.)
Bankruptcy court may limit prior order where that order granted relief not permitted under Bankruptcy Code.
Bankruptcy Sep. 12, 2007
Brawders v. County of Ventura (In re Brawders)
Stipulation to refund debtor's personal liabilities does not alter county's right to enforce lien to recover partially paid pre-petition taxes under plan.
Bankruptcy Sep. 11, 2007
Solidus Networks Inc. v. Excel Innovations Inc. (In re Excel Innovations Inc.)
Injunction is erroneously granted where bankruptcy court abused its discretion by applying incorrect legal standards.
Bankruptcy Sep. 9, 2007
Cohen v. Lopez (In re Lopez)
Postpetition maintenance payments not impaired by Chapter 13 plan may be paid by debtor directly to creditors, not to trustee.
Bankruptcy Aug. 28, 2007
Trejos v. VW Credit Inc. (In re Trejos)
Debtors must pay full amount of claim subject to 'Hanging Paragraph' of Section 1325(a) where creditor assigned valid security interest in vehicle.
Bankruptcy Aug. 24, 2007
All Points Capital Corp. v. Meyer (In re Meyer)
Default judgment cannot be entered in bankruptcy case where debtor filed motion to avoid judicial liens.
Bankruptcy Aug. 6, 2007
Wolkowitz v. Beverly (In re Beverly)
Bankruptcy trustee may prevent discharge and avoid fraudulent transfer where lawyer colludes with spouse to trade exempt funds through divorce settlement.
Bankruptcy Aug. 6, 2007
California Self-Insurers' Security Fund v. Lorber Industries of California (In re Lorber)
Reimbursement claim for payment of workers' compensation obligations is excise tax that is not entitled priority where default falls outside pre-petition period.
Bankruptcy Aug. 5, 2007
Klein v. Chappell (In re Chappell)
Bankruptcy estate is entitled to residence's postpetition appreciation in excess of maximum value permitted whether debtor invokes statutory or federal exemption scheme.
Bankruptcy Aug. 2, 2007
Sherwood Partners Inc. v. EOP-Marina Business Center LLC.
Assignee for benefit of creditors is not liable for award of attorney fees pursuant to written lease provision of insolvent tenant.
Bankruptcy Jul. 30, 2007
Diamond Z Trailer Inc. v. JZ LLC (In re JZ LLC)
Undisclosed licensing agreement 'rides through' Chapter 11 case, as debtor continued to operate business and retained legal form.
Bankruptcy Jul. 11, 2007
Wechsler v. Macke International Trade Inc. (In re Macke International Trade Inc.)
Bankruptcy court may order creditor to pay debtor's attorney fees upon dismissal of involuntary petition when in interest of both parties.
Bankruptcy Jul. 5, 2007
Sherman v. SEC
Settlement agreement between debtor and receiver did not distinguish interest SEC had in debtors' bankruptcy petition.
Bankruptcy Jul. 4, 2007
Racusin v. American Wagering Inc. (In re American Wagering Inc.)
Claim for money judgment received before bankruptcy proceeding cannot be subordinated as one for damages arising from purchase or sale of security.
Bankruptcy Jun. 28, 2007
Metcalf v. Golden (In re Adbox Inc.)
Trustee is not 'opposing party' in counterclaim alleging causes of action that could have been brought against debtor prior to bankruptcy filing.
Bankruptcy Jun. 8, 2007
Brown v. Sobczak (In re Sobczak)
Although debtor has standing to request dismissal, bankruptcy court must consider best interest of creditors and estate in deciding to grant motion.
Bankruptcy Jun. 8, 2007
Metcalf v. Golden (In re Adbox Inc.)
Trustee is not 'opposing party' in counterclaim alleging causes of action that could have been brought against debtor prior to bankruptcy filing.
Bankruptcy Jun. 8, 2007
Brown v. Sobczak (In re Sobczak)
Although debtor has standing to request dismissal, bankruptcy court must consider best interest of creditors and estate in deciding to grant motion.
Bankruptcy Jun. 8, 2007
Hansen v. Moore (In re Hansen)
Attorney debtor properly sanctioned and denied discharge where fraudulent transfers and misrepresentation show intent to hinder creditor.
Bankruptcy May 18, 2007
Nichols v. Birdsell
Credit toward future taxes is deemed estate property at time debtors filed for bankruptcy.
Bankruptcy May 11, 2007
Harbin v. Sherman (In re Harbin)
Bankruptcy court is required to evaluate claim where it could affect feasibility of debtor's plan of reorganization.
Bankruptcy May 8, 2007